Can you tell me a bit more about what happened in this case and let me know the details of the incident? Were the two of you in a company car ? Did the two of you get into a fight in a car on the way to work ?

No we drive our on vehicles to work and car pool to work. Our oil rig is in Nebraska and the incident happened in kansas. We got into an argument that led to a fight in the car. We don't get an expense check for driving to work and my shift don't start till 1030pm and the incident happened round 955pm

Can you answer the following additional questions for me? I apologize for the delays -- I seem to be having some computer issues this AM -- once you have answered these questions, I can get to work reviewing and providing an answer ASAP.

I am a different Expert and can assist you since your previous Expert is not currently online. From what you say, you actually work in Nebraska and not Kansas. In the end that doesn't make a lot of difference since the laws of Nebraska and Kansas are the same in terms of termination rules. Both states are what are known as employment "at will" states. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate an employment contract, company policy or employment discrimination law. That means that unless one of the exceptions applies in your case, your employer could terminate you even if the reason was arbitrary and had to do with something you did off the clock.

There are some states that do not allow employers to terminate employees or off-duty conduct that is unrelated to their work (which arguably this would not qualify for anyway since it was a fight with another employee), but neither Nebraska nor Kansas have such laws. That means that off-duty conduct can be used under as a basis for termination.

That said, if you apply for unemployment benefits, there is a fair chance you might be able to successfully win your UI appeal should you be denied for being terminated for cause. That is because the employer would carry the burden of proof to show that you intentionally, or through gross negligence, violated a workplace rule, standard, policy, etc. If your employer cannot prove that, then you would win your UI appeal. However, that does not change that the termination would have still be lawful.

If though you believe you fall within one of the exceptions I mentioned, then you should contact a local employment law attorney to discuss filing a wrongful termination suit for you.

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. MildredWashington, DC

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank youHappy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

Ask an Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

67 Employment Lawyers are Online Now

Type Your Employment Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).